Senate Bill No. 682
(By Senator Kessler)
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[Introduced February 23, 2004; referred to the Committee on the
Judiciary.]
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A BILL to amend the code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §8-24-50c, relating
to family day care homes, family day care facilities and adult
family care homes being permitted residential use of property
in all zones or districts without being required to obtain
additional use permits.
Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §8-24-50c, to read as
follows:
ARTICLE 24. PLANNING AND ZONING.
§8-24-50c. Permitted use for family day care homes, family day
care facilities and adult family care homes.
Family day care homes, family day care facilities and adult
family care homes shall be a permitted residential use of property
for the purposes of zoning and shall be permitted use in all zones
or districts. No county commission, governing board of a municipality or planning commission may require a family day care
home, family day care facility or adult family care home to obtain
a conditional use permit, special use permit, special exemption or
variance if the home is to be in a zone or district restricted to
single family residences.
NOTE: The purpose of this bill is to promote development and
maintenance of family-based providers for children and vulnerable
adults needing care at the community level by exempting them from
the restrictions of zoning requirements.
This section is new; therefore, strike-throughs and
underscoring have been omitted.